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HomeMy WebLinkAbout1966-04-12Regular Meeting of the Euless City Council April 12, 1966 CALL TO ORDER 15 Mayor Pro Tern Bobby Fuller called the Regular Meeting of the Euless City Council t6 order at 8;00 P.M. in the Council Chambers of the Euless City Hall, with the following Councilmen present: Councilmen Erank Douglass, - Harold Samuels, B i l l Byers and Don Warren. (Mayor W. G . F u l l e r away on vacation.) .Also present were City Manager Lee Cowell, City Attorney James Cribbs and City Secretary Vada Ferris. INVOCATION .The Invocation was given by Councilman Harold Samuels. VISITORS Visitors in attendance were Mr. and Mrs, V. M. Braley, Mr. and Mrs. M. W. Burnham; .Messrs, VVn R. Brummett, Gene Robinson, Jack Nol -en, Ivan Eubanks, Jack B.ul lard, Henry Uselton, J.r., Paul Gregory, Z. Joe Thornton, B i l l Hendricks, B i l l Ratliff, W. M. Sustaire;. and ,Mrs. Betty Potthoff. The Minutes of the Called Meeting of March 17, 1966 and Regular Meeting of March 22, 1966 were approved as written. PUBLIC HEARING, REZONING 4.865 ACRES CODY AND CODY City Manager Cowell read minutes of the Planning and Zoning Commission, dated March 15,, 1966, Item 111, Zoning Case No, 148, The Minutes reflect that Mr. Bill Brazil] requests the- rezoning of a tract of land out of the J. W. Haynes Survey, from "A" Residential to "C" Commercial, for the pur- pose of constructing a ten thousand (10,000) square foot building to house the sales and service center for Cody and Cody Engineering Company. (This property located on Highway 157, near the Northern City Limit line.) Mayor Pro Tem Fuller asked if there were proponents. in th-i s zon -ing case, There were none; therefore, he inquired if there were opponents, Mr. V. M. Braley stated that he owns property on the South side of the ppoperty in question,.and that he is opposed to the rezoning. He stated that the City of Euless.has Commercial Property in other areas and, in his opinion, should not continue to rezone property u n ti I properti6ss already designated commercial have been Utilized. 16 (Page Two, Minutes of Regular Council Meeting, Euless City Council, April 12, 19 66) Mr. M. W. Burnham stated that he also is opposed to the rezoning and inquired if rezoning this property would make a dif- ference in the tax rate, _ City Manager Cowell informed Mr. Burnham that the taxes are based-on- a fair market value of this property, and that the Coun- cil -would not be An a position to say what the taxes would be on the property. City Attorney Cribbs stated that usually, Commercial Property becomes more valuable. Mr. Burnham inquired if he could be "squeezed out ", if all the property on either side of his property is zoned commer- cial, He was informed that his property wi I I stay Residential unless he requests that it be rezoned, Mr. Braley stated that he does not consid- er that he is being unfair in being objectionable to this rezoning -- that he con- siders he is being "put out on a limb ", if adjacent property is zoned Commercial. Mrs. Burnham stated that the adjacent properties Jn this area,.on Highway No, 157, are not zoned Commercial, and she is of -the,opiniom that commeecial zoning will not, extend to this area on Highway No. 157. . (Most of commercial property on Highway No, 157 further South,' near Huffman Drive and Highway. No, 183.) Mr. Braley stated that the two young.-men who have purchased the property did so because the property was priced low. Mayor Pro Tem FOI-ler inquired i-f •there- were other persons desiring to comment in this rezoning case, There being none, Mayor Pro Tem Fuller declared the Public Hearing closed and thanked Mr. and Mrs, Braley and Mr. and Mrs, Burnham for their appearance before the Council. It was agreed by the Counci1 that •a .de cision in this Rezoning Case be postponed, at this time, in order to secure an opinion from the land planning firm, Robert Caldwell and Associates, recently em- Mloyed by the City. (This information to be available: at the next Regular Council eeting,. on A p r i l 26, NIA.) r APPREC I AT I ON CERTIFICATE, HENRY USELTON, JR. Mayor Pro Tem Fuller stated that, at this time, he would deviate from the Agenda, and presented Mr. Henry Uselton, Jr. a Certificate of Appreciation for his services on the Planning and Zoning Commission. Mayor Pro Tem Fuller expressed appreciat -ion for the Members of the Council and the City Administration to Mr, Uselton, for his years -of service to the City, as a Mem- ber of the Planning and Zoning Commission. I C .; 17 Page Three, Minutes of Regular Council Meeting, Euless City Council. April 12- 1466 RESOLUTION NO. 132 ASSESSMENT ROLL REVISION City Attorney James Cribbs presented Resolution No, 132, amending and correcting the Assessment Roll adopted by Reoolu- tion No. 77b - this being necessary, due to several deficiencies in the roll. Councilman Samuels made the motion to ap- prove Resolution No, 132, as presented. Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Samuels, Byers and Warren Nays: None, Mayor Pro Tern Fuller declared the motion carr.ied. 132 on f i I e in- Office of City Secretary.) IV. r PIPELINE ROAD APPROACHES IN BELL. MANOR ADDITION (Official Copy of Resolution No. The approaches on Pipeline Road in Bell Manor Addition was an item tabled at the last Council Meeting, pending a legal opinion from the City Attorney. (Item X111, March 22, 1966 Council Meeting.) :1 City Attorney Cribbs stated that this is by no means, a problem with an easy solution; however, that the City of Euless has the right to expect the adjoining city to participate in the expense of curb and gutter, where there are ope6ings onto a Euless street. The property in question is located in the Town of Bedford, and the City Attarney stated that his recommenda- tion is that the City of Euless send a letter requesting the Town of Bedford to co- operate in this matter and similar cases, and that the Town of Bedford advise the _f-it.y of I_u.less on developments in the future. Also, that the City of Euless ex= pects the - developers to meet the City of Euless' requirements. The City ,Attorney stated that, if the Town of Bedford wi I I not cooperate in this matter, a suit could be filed in Civil Dirtrict Court, Councilman Douglass inquired about having the Town of Bedford place money in escrow for one -half (2) of the cost of the street, City Attorney Cribbs stated that in compliance with the State laws, the City of Euless does not have this right -- Statute 1105b, Section .2, states that a City cannot assess, unless the adjoining City agrees to the assessment. It was pointed out that a developer may. place money in escrow or enter into an agreement with the City; however, an assessment agreement cannot be made with the property owner without approval of the Town of Bedford. City Manager Cowell stated t h a t , in h i s opinion, the City of Euless could formulate a Contractual Agreement with the develop- er, in the cases now pending. After discussion, Councilman Samuels In (Page Four,, M i.nut.es of Regu.1 ar. Counc i =1. Meeting.. April 12, 1866) made the motion that the City Attorney and City Manager prepare a letter to be sent to the City of Bedford, for expediting these cases, and authorize the Mayor Pro Tem to sign this letter for the City of Euless; and that a Contractual-Agreement be consummated on the cases now in question. Councilman Byers seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Samuels, Douglass and Warren Nays: None Mayor Pro Tem Fuller declared the motion carried, Mayor' Pro Tem Fuller was i hformed that Mr. Gene Robinson was present and interested in this matter. Mayo 'r Pro Tem Fuller recognized Mr. Robinson, who stated that he is representing Harold Fitzgerald Con- struction, Company of Arlington,.and that he has constructed a Texaco•Ser\�ice Station on Pipeline Road, near Central Junior High School, Mr. Robinson stated that, at the time this firm began this construction, they were unaware that the property was located in the Town of Bedford; however that he has a complete understanding of the City of Euless' requirements, City Manager Cowell inquired of Mr. Ratliff, Consulting Engineer, if in his opinion, it will be acceptable to the En- gineers to contact the Developers, for the purpose of discussing the City's Po 1 (bcy in this matter. Mr. Ratliff stated that the Engineers will meet with Mr. Robinson and inform him of the City's policy and agreements, V: - SECOND READING. ORDINANCE,N0P. 278 REZON I_NG S. W. MILLS PROPERTY - - :City 'Manager! Cowell presented Second Read- ing of Ordinance No. 278, rezoning, from "A" Residential to "'C" Commercial, "a part of the S. W. Mills Tract, Lot 5, Block 1, S. W. Mills Subdivision, in the vicinity of Simmons Drive and Highway 183. Councilman Byers made the motion,to'ap- prove Second Reading of Ordinance No. 278. Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Byers, Douglass and Warren Days: None I Mayor Pro Tem Fuller declared the motion carried. (Original coDy,of Ordinance No. 278 on file in Office of City Secretary) VI. FIRST READING OF ORDINANCE REZONING LUCAS PROPERTY - NORTH OF WILSHIRE VILLAGE City Manager Cowell presented First • Reading of an Ordinance rezoning five and one -half (5D acres, North of Wilshire Village, rezoned from "A" Residential to "C" Commercial - this property belonging to James A. and R. Lindley Lucas, Councilman Douglass made the motion to approve First Reading of this Ordinance.'' Councilman Byers seconded the motion, and the vote is as fo1. oWs;, Ayes: Councilmen Byers, Douglass, Samuels and Warren Nays: None Mayor Pro Tem Fuller declared the motion carried. (Second Reading of Ordinance on April 26, 1966) t VII. PROPOSAL FOR UP- DATING MASTER PLAN ROBERT CALDWELL AND ASSOCIATES 19 City Manager Cowell called to the atten- tion of the Council the proposal submitted by Robert Caldwell and Associates for up- dating the City's Master Plan. (Proposal presented at February 22, 1966 meeting.) The City Manager stated that, in his opinion, the City is not at this time in a pos i t,i on to, f i nance the up- dating of the Master Plan; however, the Council Members expressed a desire.to- discuss the pro- posals with Mr. Caldwell, and the City Manager was instructed to inform Mr.. Caldwell that on April 19 a Called Meeting will be held for the purpose of discussing the proposals previously submitted by I /Ir. Caldwell. VIII. HARWOOD ROAD CONSTRUCTION 'Mayor Pro Tem Bobby fu 1 ler requested Mr. Bill Ratliff to inform the Council of the Engineers' recommendations pertaining to the construction on Harwood Road, near the North Euless Elementary School. He stated that he is still of the opinion that the best traffic engineering would dic- t6te a- solid median, as was proposed, and-thet he sympathizes with the property owners,-on the South side'of Harwood Road; however, that, at the request of the City Council, the Engineers recommend a break in the median, approximately forty (40) feet West of'th'e most Westerly residence 'in question. Mr. Ratliff stated that the Engineers are­of the opinion that this is not the best solution, but feels that it is acceptable, under the circumstances. After discussion, Councilman Douglass made the motion to concur with the Engineers' recommendations and that the con- struction plans be altered accordingly. Councilman Samuels seconded the motion, an&'the vote is as follows: Ayes: Councilmen Samuels, Douglass, Byers and Warren Nays: None Mayor Pro Tem Fuller declared the motion carried. 20 PITT IX: OATH OF OFFICE COUNCILMEN WARREN, COUGLASS AND FULLER ' Ci_ty Attorney James Cribbs administered, the Oath of Office to Councilmen Don Warren, Frank Douglass and Bobby Fuller, who were elected to the position of City Councilmen on April 5, 1966, (Copy of signed Oaths on file in Office of City Secretary.) 1:4 ELECTION OF MAYOR PRO TEM .Mayor Pro Term Bobby Fuller stated that the recent election necessitates the electing of a Mayor Pro Tern. Councilman Warren niede the M6t i on ' th�a't Councilman Bobby R. Fuller be elected to serve as Mayor Pro Tem. Councilman Dduglass seconded the mdtion, and -the vote is as follows: Ayes: Councilmen Warren, Douglass, Sarnuels and Byers Nays: None Mayor Pro Tem Fuller expressed appreciation to the Council for their confidence in him, which was `displayedby their re- electing him to the position of,lIayor Pro Tem. XI: ' r PROPOSED APPOINTMENTS TO CITY COMMISSIONS AND BOARDS Mayor Pro Tern Bobby Fuller stated that the next item of business is the appointment of persons to serve on the various Commissions and Boards of the C•i ty.. .(List of Commissions and Boards submitted to Members of the Coudc11 prior 'to this meeting.) It was suggested that, perhaps, some -of the persons having served on Commissions be designated to serve on other Commissions in order for them to become acquainted with various phases of City Government. It was agreed that Mr. Paul Gates should be app of "nted -to the Planning and Zoning Commission; Mr. Richard Leggett should be appointed to the Board of Adjustments; Mr. Henry Use] ton be appointed to the Board of Equalization; Reverend Bob Messer to the Library Board; and Mr. Frank Lindsey, as a member of the Recreation Board. After discussion, Councilman Douglass made the motion that the list of appointments be approved as presented and discuss- ed. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Warren, Byers and Samuels Nays: None t s Mayor Pro Tem Fuller declared the motion carried, and the City Secretary was in= structed to notify all of the Appointees, for confirmation of the appointments. 2 1. (Pape Seven, Minutes'of Regular: City Council Meeting, April 12_ 1966) X11. _ APPOINTMENTS - REPRESENTATIVES TO THE NORTHEAST CITIES ADVISORY COUNCIL r i Mayor Pro Tem Furl 4er stated that a motion was in order for the appointment of two representatives to serve as members of the Northeast Cit'ies Advisory Council. Councilman Warren made the motion that Councilman Douglass be appointed as the City Council representative and Mr, Len Weber, as the Planning and Zoning Commission representative on the Northeast Cities Advisory Council., Councilman Samuels seconded the motion, and the vote is as follows: Ayes: Councilmen Warren, Samuels and Byers Abstained: Councilman Douglass Mayor Pro Tern Fuller declared the motion car'ried. (City Secretary to inform ap- pointees of proposed appointments.) X111. LETTER RECOMMENDING ACCEPTANCE CF RAIDER•:DRIVE" IMPROVEMENTS City Secretsary,Vada Ferris presented a letter dated April 5, 1966, from the Consulting Engineers, Gregory, Knowlton and Ratliff, recommending acceptance of improvements, for assessment purposes, of Raider Drive (Street Contract No. 2). (Copy of letter filed as Official Council Exhibit in Office of City Secretary.) ..XIV. RESOLUTION NO. 133, DETERMINING COMPLETION CF RAIDER DRIVE City Secretary Vada Ferris presented Resolution No. 133, determining the completion of and accepting the improvements of Raider Drive. Councilman Samuels made the motion to ap- prove Resolution No. 133, as presented. Councilman Warreh -seednded the motion, and the vote is as follows: Ayes: Councilmen Samuels, Warren, Douglass and Byers Nays ?. None. - Mayor Pro Tem,�Fuller declared the motion darried. (This Resolution determines the work completed on Raider Drive, in order -for assessment, procedures to be begun.) (Official Copy of Resolution No. 133 on fi I e in Officdeof City Secretary,) 22 (Page Eight, Minutes -of Regular C$ty Council Meeting, April 12, 1966) XV {DISCUSSION: ASSESSMENT PROCEDURES Councilman Byers stated that he has had several inquiries pertaining to the Release of Lien and the letter accompanying the release, which is:mai-led to persons; following final payment of street :improvement assessment. He stated that the inquiries pertain to the recodding fee to be paid by the property owner; that property owners consider that by paying the street assessment, they should not be required to pay the recording fee. City Attorney Cribbs explained that the assessment is not against the property owner; but - against the property,' and 'in order for the City to be in a position to assess, in case the property should change owners during the assessment period, it is necessary to record the. Assessment Roll, which is done very early in the street construction procedure; XVI DISCUSSION: CITY - DEVELOPER AGREE IMENT DRAINAGE CHANNEL, NORTHEAST CORNER HIGHWAY 183 AT SIMMONS DRIVE Mr. B i I I Ratliff, Consul ti "ng. Engineer; reviewed a letter dated April 5, 1966, Subject: 6403 -G, Euless Commercial Develop- ment, Safeway. Store Site, N.E. Corner Hwy. 183 and Simmons Drive. 3 .:This letter pertains to the sewer facil ties and drainage at the site proposed for a- new•Safeway Store. The Engineers' letter presented cost estimates on re- routing -the existing sanitary sewer 11hes "and construction of the drainage channel in the area. It was established that the amount of the City's participation w i I I be $5,510.39, and that $17,177.21 should be placed in escrow by the Developer, for the construction 6f improvements on this property. Mayor Pro Tern Fuller recognized Mr. Ralph Brummett;, representing the' Safeway Stores, who announced that a Safeway u n it i s planned at this site. Mr. Brummett stated that there is a time element in this matter to be considered -, the re- location of the sewer lines must be completed prior to the �coftstruction of the building; however, the construction of the drainage channel can be done at a later date. Consulting Engineer B i I I Rat] iff stated that it w i I I take approximately sixty (60) days to re- locate the sewer lines. Mr. Brummett stated that this would be sufficient time; however, any further delay in re- locating the sewer lines would be detrimental to-the construction of the building. . After discussion, Councilman Samuels made the motion that City Attorney Cribbs and City Engineer B i I I Ratliff prepare the City - Developer Agreement necessary to proceed with this project. Councilman Bve.rs (Page Nine, Minutes of ReguIa.r.City Council Meeting, April 12, 1966) seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass, Warren and Samuels Nays: None -Mayor Pro Tem Fuller declared the.motion carried. (Copy of 'Engineers' file as Official Council Exhibit, in Office of 'City 'Secretary.) Xv1 I, DISCUSSION: DRAINAGE CHANNEL HIGHWAY 183 EAST OF SIMMONS DRIVE letter on M Consulting Engineer Bill Patl iff informed the Council that the Drainage Chan.ne.l� on H i.ghway 183 East of S i nnons .Drive is in- adequate to carry water from the upper portion of the channel, and he has recommended that the City Manager formally request the Highway Department to re- locate this portion of the channel. City Manager CoweII informed the Council that his office has made a request to Mr. Bob Crook, District Engineer, Texas High- way Department7,•,to Ith:ls effect:. . X:V1.I1._ DISCUSSION: FEDERAL GRANT FOR SEWERAGE FACILITIES Mr. Paul Gregory, Consulting Engineer, stated that a decision is needed from the Council concerning application for a Federal.-Grant for the Sewerage Treatment Fac i.l i t i es which will be needed in the next few years. He stated that•the City can secure up to thirty par cent (30°j) of the total facility cost. After discussion, Councilman Douglass made the motion that the City Manager be authorized to instruct the Consulting Engineers to submit an application for the Public Law 660 Grant. Councilman Byers seconded the motion, and the vote is as follows: Ayes: :Councilmen Byers, Dou'glass,Samuels and Varren Nays: Ncne Mayor Pro Tem Fuller declared the motion carried, in Office!-of City Secretary. {�. X IX.- DISCUSSIO0: POLICE ASSOC IATIONAPERAT[ING, VENDING MACHINES (Copy of PuUI is Law 660 on file City Manager Cowell informed the Council that the Euless Police Association has made a fo=rmal request (letter) to operate various coin - operated vending machines in the new buildings at the Civic Center Complex. He stated .that the Association plans to use the proceeds,. from these 24 (Pane Ten, M insut=es -of Recrular iC i ty Counc i 1 Meetinct, April 12, 1966) machines in educational and benevolent projects, and that ten per cent (10 %) of the net profit will be returned to the City, which will be reimbursement for utilities f and any other expenses incurred by thecClt-y City Manager Cowell stated that he had re- quested th4 Attorney's opinion and Mr. Cribbs complied with his request, in a letter dated April 12, 1966, which states that there are no legal objections to, or 'pro- hibition against, installing bending machines in the new buildings; however, he did make the following suggestions: 1. That financial records be kept properly, with regular oritten reports of expenditures and receipts 'furnished to 'the City Manager's Off ice. z .. : Tfiat L i ab i:1 ity insurance be obtained on the machine, to pro- _ ,tect the City against possible claims. Chief of Police Sustaire was recognized and stated that the Police Association is very desirous of the Council's approval of their request. After discussion, Councilman Samuels made the motion that the City Attorney prepare a Contractual Agreement to permit the Police Association to operate vending machines in the Civic Center Building. Coun- cilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Warren, Byers, Samuel.s and Douglass. Nays: None Mayor Pro Tem Fuller declared the motion carried. (Copy of letter from Pb1:i:ce Association Preside'nt, Lieutenant H M.' Smith, and copy of City Attorney's letter on file as Off i c< a 1 Council- Exhibits, -i n, Off i ce of City Secretary.) XX . WATER PUMP ,1 MPP,0VEMENTS - CITY WATER WELLS. - City Manager Cowell informed the Council that recently, pumps at three of the City's water wells had become —4noperable, and that the estimated cost of repairs, estimated by Mr. Sam Knight, Water Department Superintendent, is $16,132 00, Mr. Cowell stated that the Trinity Weil No. 1 0, which wi }1 cost approximately $1.3,6$3.00, has performed services for eleven'�(II years, and that he has been advised that this is more than can be expected of a pump - that a pump should be Ppwlled'' approximately every five (5) years, in order to, possibly, eliminate extensive repairs in later years. After Discussion, Councilman Bylmr$.made the motion that the necessary repairs and improvements to the wells be.appt-oved, as estimated, in the amount of $ 16,132,00, and that the financing for the repairs be determined by the City Administrative Offices. Council Warren seconded the mo- tion, and the vote is as follows: Ayes: Councilmen Warren, Byers, Samuels and Douglass Nays: None Mayor Pro Tem Fuller declared the motion carried. (Copy of recapitulation of 25 (Page Eleven, Minutes of Regular city Council Meeting, April 12. 1966) construction cost for three (3) wells, on file in Office of City Secretary.) (1h answer to a question by Councilman Byers, it was established that it is not neces- sary to secure bids on this item, since it is necessary to secure parts for repairs from manufacturer of the pump.) (Councilman Warren excused himself from the meeting at this time, as the next item is of personal interest.) XXI." DISCUSSION: WATER AND SEWER EXTENSIONS TO DOCTOR'S CLINIC ON HIGHWAY NO. 157 Consulting Engineer Bill Ratliff reviewed a letter dated April 6, 1966, Subject 6314 -E 11, Doctor's Clinic on State Highway 157, which stated that the engineers have reviewed the final contractor's estimates for water and sewer extensions to this project and that the City's participetion for over -size sewer m�4ns and water mains will amount to an expenditure of $5,217,25. After discussion, Councilman Byers made motion to accept the improvements, as outlined by the Consulting Engineers and authorize an expenditure of $5,217.25 and readjust the reimbursement clause -- 7% ($42.30) . Councilman Douglass seconded the motion, and the vote is as follows: Ayes: Councilmen Byers, Douglass and Samuels Nays: None Mayor Pro Tem Fuller declared the motion carried. (Copy of Engineers' letter, dated April 6, 1966, on file as Official Council Exhibit, in Office of City Secre- tary.) GENERAL DISCUSSION TRAFFIC STUDY Councilman Samuels stated that, several weeks ago, Chief of Police W. M. Sustaire had informed the Council that a Highway Engineer would be in the area and a fraffic study request would be submitted by the City of Euless to the Texas Highway Department. Councilman Samuels inquired of the Chief of Police if the Highway Engineer had made this study. Mr. Sustaire advised that the Engineer had not been available and, therefore, had not been made at this time. REGULATING HOURS OF I:OE CREAM VENDORS Councilman Samuels stated that he has been contacted by citizens concerning the hours ice cream vendors are permitted to operate in the City of Euless. He stated that other Cities in the area have passed an Ordinance regulating hours of operation by these vendors and is of the opinion, the City of Euless may want to consider a similar Ordinance. Councilman Samuels was advised that the City has an Ordinance, specifying certain hours for these vendors to operate. 26 (Page Twelve, Minutes'o€ Regular..Gity Counci 1;Meeting, April 12, 1966) XXIII.. AWCURNMENT The meeting adjourned at 10;30 P. M. APPROVED = ,.., ......